Patna High Court – Orders
Ram Ekbal Pandit vs The State Of Bihar on 17 April, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1895 of 2023
In
CRIMINAL APPEAL (DB) No.7 of 2023
Arising Out of PS. Case No.-75 Year-1990 Thana- MAHNAR District- Vaishali
======================================================
1. Ram Ekbal Pandit Son of Late Lala Pandit Resident of village - Lodipur
Lakhraj, P.S. - Mahnar, Distt. - Vaishali, Bihar
2. Shiv Shankar Pandit @ Shankar Pandit Son of Late Lala Pandit Resident of
village - Lodipur Lakhraj, P.S. - Mahnar, Distt. - Vaishali, Bihar
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajendra Prasad, Sr. Advocate
: Mr. Suman Kumar, Advocate
For the State : Mrs. Anita Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
18 17-04-2026
Heard Mr. Rajendra Prasad, learned Senior Counsel
for the appellants and Mrs. Anita Kumari Singh, learned APP
representing the State.
2. The present appeal has been preferred:
“against the judgment dated 30th
September 2022 and conviction dated
19.10.2022 passed by the learned Additional
Sessions Judge-11, Vaishali at Hajipur in
Sessions Trial No. 42 of 1992 arising out of
Mahnar P.S. Case No. 75 of 1990 whereby and
whereunder the learned court has been pleased
Patna High Court CR. APP (SJ) No.1895 of 2023(18) dt.17-04-2026
2/5to convict both the appellant no.1, us/ 304/34
and appellant no.2, u/s 304 of the I.P.C. for ten
years and imposed a fine of Rs.10,000/-.
Further the appellant no.1, has been
convicted u/s 308 of the I.P.C. for three years,
simple imprisonment for one year for conviction
u/s 323 I.P.C., simple imprisonment for three
months for conviction u/s 447 of the I.P.C. and
one month for conviction u/s 341 of the I.P.C., all
sentences shall run concurrently. Appellant no.2
has been convicted for one month u/s 341 of the
I.P.C. and three months u/s 447 of the I.P.C.”
3. As per the prosecution story, the informant alleged
that on 18.08.1990, as he demanded Rs.40/- for the onion
seedling from his cousin brother and the appellant herein, he
became furious and alongwith the associates assaulted the
informant/family members. The allegation against this appellant
is of using sword and Garasa causing injury and the death. The
cremation took place at Bansghat, Patna where after the F.I.R.
4. After investigation, charge-sheet submitted and the
trial commenced/concluded and resulted into conviction of the
appellant as follows:
Patna High Court CR. APP (SJ) No.1895 of 2023(18) dt.17-04-2026
3/5Sr. Appellant’s Sentence Fine In Default of
No. name Fine
1. Ram Ekbal S.I. for ten Rs.10,000/- S.I. for six months.
Pandit years under
section
304/34 of the
I.P.C.,
S.I. for three
years under
section 308 of
the I.P.C.,
S.I. for one
year under
section 323 of
the I.P.C. and
S.I. for three
months under
section 447 of
the I.P.C.
5. Aggrieved, the present appeal.
6. Earlier, the appeal was admitted on 20.07.2023 by a
coordinate Bench, the Lower Court Record were called for and
later, the bail of the appellant during the pendency of the appeal
was rejected on 21.01.2025.
I.A. No. 02 of 2026
7. The aforesaid Interlocutory Application has been
preferred for grant of bail during the pendency of the appeal to
the appellant namely Ram Ekbal Pandit.
8. Learned Senior Counsel for the appellant submits
that though he stands convicted, the fact remains that:
(i) the deceased was cremated at Bansghat,
Patna without the informant/family members
Patna High Court CR. APP (SJ) No.1895 of 2023(18) dt.17-04-2026
4/5taking him for postmortem and/or informing the
Police;
(ii) in that background, the charge-
sheet submitted under section 304 of the Indian
Penal Code amongst other section;
(iii) he has remained in custody since
30.09.2022 continuously and the appeal is not
likely to be taken up in near future.
9. In case, relief is granted, he shall not indulge in any
criminal activity and if it happens, the steps be taken for
cancellation of bail bond, he has already crossed sixty years of
age.
10. However, learned APP has filed written objection
in the matter and opposes the prayer submitting that after full
fledged trial, the appellant stands convicted though amongst
other under section 304 of the Indian Penal Code.
11. Considering the submissions of the parties as
recorded above and the fact that the appellant has crossed sixty
years of age, is in continuous judicial custody since 30.09.2022,
the appeal is not likely to be taken up in near future, in that
background, this Court is inclined to extend him relief during the
pendency of appeal. The fine amount shall also remain
suspended.
Patna High Court CR. APP (SJ) No.1895 of 2023(18) dt.17-04-2026
5/5
12. Let the appellant namely Ram Ekbal Pandit is
directed to be released on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-11, Vaishali at Hajipur in Sessions Trial No. 42
of 1992 arising out of Mahnar P.S. Case No. 75 of 1990, during
the pendency of appeal.
(i) one of the bailor should be the family
member/relative of the appellant namely Ram Ekbal Pandit who
shall provide official document to show his/her bona fide;
(ii) the appellant namely Ram Ekbal Pandit shall
desist from committing any criminal offence again, failing
which the State shall be at liberty to take steps for cancellation
of his bail bonds.
13. I.A. No.02 of 2026 is allowed.
(Rajiv Roy, J)
vinayak/-
U T
